Pennsylvania Real Estate, Land Use, Zoning, and Municipal Lawyers

This blog features case law related to real estate, land use, zoning, and municipal law in Pennsylvania

Month: February 2019

Maisano v. Avery, No. 3877 EDA 2016 (Pa. Super., February 15, 2019).

In this appeal from Chester County, the Superior Court re-affirmed the principal that in a real estate context, a seller’s demand for specific performance is, in effect, an action for the purchase price of the property.

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Dobson Park Management, LLC v. Property Management, Inc., et. al., 203 A. 3d 1134 (Commonw. Ct., February 13, 2019).

In this appeal from Dauphin County, the Commonwealth Court discussed the rights of a condominium association to recoup unpaid common expense assessments following a judicial sale of a condominium, and whether a payment made “under protest” is sufficient to maintain a cause of action for the return of such funds.

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The Faithful Laurentians v. City of Phila., Zoning Bd. of Adjustment, No. 1440 C.D. 2017 (Pa. Commw., February 12, 2019). UNREPORTED OPINION. Memorandum Opinion.

In this appeal, the Commonwealth Court found that an informal citizens group who failed to appear before the City of Philadelphia’s Zoning Board of Adjustment lacked standing to appeal the Board’s decision because the group was not an “aggrieved person” with representational standing.

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Assalita v. Midtown Square Condo. Assoc., No. 108 C.D. 2018 (Pa. Commw. Ct., February 12, 2019).

In this appeal from Centre County, the Commonwealth Court discussed the interplay between a condominium association’s declaration and its bylaws when there is a conflict between the two.

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Porter v. Chevron Appalachia, No. 16 WDA 2018 (2019 PA Super 31).

In this appeal from Fayette County, the Superior Court upheld the trial court’s grant of a preliminary injunction in favor of Chevron Appalachia, which prevented James and Mary Porter from denying Chevron access to land owned by the Porters, and development of Chevron’s oil and gas rights.

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